PIMENTEL

vs

CONGRESS

Joint Committee of Congress to Canvass the Votes Cast for President and Vice-President in the May 10,
2004 Elections

[G.R. No. 163783. June 22, 2004]EN BANC R E S O L U T I O NFacts:

Petition for Prohibition. Pimentel, Jr. seeks a judgment declaring null and void the continued existence
of the JointCommittee. The petition corollarily prays for the issuance of a writ of prohibition directing
the Joint Committee to cease anddesist from conducting any further proceedings pursuant to the Rules
of the Joint Public Session of Congress on Canvassing.Petitioner posits that with "the adjournment

sine die(w/o date fixed)

on June 11, 2004 by the Twelfth Congress of its lastregular session, [its] term ... terminated and expired
on the said day and the said Twelfth Congress serving the term 2001 to 2004 passed out of legal
existence." Henceforth, petitioner goes on, "all pending matters and proceedings terminate upon the
expirationof ... Congress.

ISSUE:

WON the Joint C

ommittee performing election canvass even after the termination of congress’ session is constitutional.

RULING:

Sec. 15. Art VI - The Congress shall convene once every year on the fourth Monday of July for its regular
session,unless a different date is fixed by law, and shall continue to be in session for such number of
days as it may determine until thirtydays before the opening of its next regular session, exclusive of
Saturdays, Sundays, and legal holidays. The President may call aspecial session at any time.Contrary to
petitioner's argument, however, the term of the present Twelfth Congress did not terminate and expire
upon the adjournment sine die of the regular session of both Houses on June 11, 2004.Section 15,
Article VI of the Constitution cited by petitioner does not pertain to the term of Congress, but to its
regular annual legislative sessions and the mandatory 30-day recess before the opening of its next
regular session (subject to the power of the President to call a special session at any time).Section 4 of
Article VIII provides that "[t]he term of office of the Senators shall be six years and shall commence,
unlessotherwise provided by law, at noon on the thirtieth day of June next following their election."
Similarly, Section 7 provides that"[t]he Members of the House of Representatives shall be elected for a
term of three years. Consequently, there being no law tothe contrary, until June 30, 2004, the present
Twelfth Congress to which the present legislators belong cannot be said to have"passed out of legal
existence."The legislative functions of the Twelfth Congress may have come to a close upon the final
adjournment of its regular sessions on June 11, 2004, but this does not affect its non-legislative
functions. In fact, the joint public session of both Housesof Congress convened by express directive of
Section 4, Article VII to canvass the votes for and to proclaim the newly electedPresident and VP has not,
and cannot, adjourn sine die until it has accomplished its constitutionally mandated tasks. For onlywhen
a board of canvassers has completed its functions is it rendered functus officio. Its membership may
change, but it retainsits authority as a board until it has accomplished its purposes.Since the Twelfth
Congress has not yet completed its non-legislative duty to canvass the votes and proclaim the
dulyelected President and VP, its existence as the National Board of Canvassers, as well as that of the
Joint Committee to which itreferred the preliminary tasks of authenticating and canvassing the
certificates of canvass, has not become functus officio